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11. He proceeded at once to the house of the younger brother, whom he found just mounting his horse at the door of the paternal mansion. James, taking him for a common beggar, repulsed him rudely; when the traveler cried out, in deep agitation: 12. James ! my
brother James! Don't you know me? I am your long-lost brother Thomas !"
13. “Thomas! Zounds, Tom !” said James in utter astonishment. “Where in the name of wonder did you come from?"
14. “The ship in which I sailed fell into the hands of pirates. I was sold as a slave in Algiers. I have but lately made my escape, and begged my way home. O James !" sobbed forth the wretched man, quite overcome by his emotions.
15. “Bless my heart! Is it possible!” said James, by this time recovering from his surprise, and beginning to think that for him to regain a brother was to lose an estate. “I heard you were dead. I have the best evidence that you are dead! I mean, that my brother Thomas is dead. I don't know you, sir! You must be an impostor, sir !—Dick, send this beggar away!"
16. And without giving the amazed Thomas a chance to remonstrate or prove the truth of his story, James leaped upon his horse and galloped off.
17. The elder brother, driven from the house to which he was himself the rightful heir,-penniless, and a stranger in his own country, -returned to the village, where he endeavored in vain to enlist some old friends of his father in his behalf. His changed appearance justified them in refusing to recognize him; and his brother had now grown to be a man of influence whom they feared to offend. At last, however, he found an honest attorney to credit his story and undertake his cause.
18. “If I win it for you,” said he, "you shall give me a thousand pounds. If I fail, I shall expect nothing, as you will have nothing to give. And failure is very likely; for
your brother will be exceedingly liberal with your money, and it will be hard to find a judge, or jury, or witness, that he will not be able to bribe. But I will do what I can; and in the mean time I will advance you what
money you need to live upon.
19. Fully satisfied of Thomas's integrity, and moved by his expressions of gratitude to make still greater exertions in his behalf, the attorney resolved to go up to London, and lay the case before Sir Matthew Hale, the Lord Chief Justice of the King's Bench,-a man no less conspicuous for his abilities than for his upright and impartial character.
20. Sir Matthew listened with patience to the story, and also to the attorney's suspicions as to the means that would be used to deprive the elder brother of his right.
“Go on with the regular process of the law,” said he; “and notify me when the trial is to take place.”
21. The attorney did so; but heard nothing from Sir Matthew in reply. The day of trial came; and the elder brother's prospects looked dark in the extreme. That morning a coach drove up to the house of a miller in the neighboring town. A gentleman alighted and went in. After saluting the miller, he told him he had a request to make, which was that he would exchange clothes with him, and allow his coachman to remain there with the carriage unti! the following day.
22. The miller at first thought the stranger was joking; and on being convinced to the contrary, would fain have fetched his best suit; but no,—the stranger would have none but the dusty clothes he had on. The exchange was soon effected, and the stranger, transformed to a whitecoated, honest-faced old miller, proceeded on foot to the village where the court was sitting.
IV.-THE ELDER BROTHER.
HE yard of the court-hall was crowded with people
waiting for the celebrated case to be called. Among them a sturdy miller—who must have come from a distance, since nobody knew him—was seen elbowing his way. The elder brother was there, looking pale and anxious.
2. "Well, my friend,” said the miller, accosting him, "how is your case likely to get on ?" 3."I don't know," replied Thomas ;-“badly, I fear;
“ since I have reason to suppose that both judge and jury are heavily bribed, -while I have to depend solely upon the justice of my cause."
4. Finding a sympathetic listener, he went on to relate all the circumstances of his case in a simple and sincere manner, which carried conviction with it.
5. Cheer up, my friend !” said the miller, grasping his hand. “I have had some experience in these cases, and perhaps I can help you a little. If you will follow my advice, it can do no harm, and it may be of use to you.”
The elder brother willingly caught at anything that might give the least prospect of success.
6. “Well, then," said the miller, “when the names of the jury are called over, object to one of them, no matter which. The judge will perhaps ask what your reasons are: then say, 'I object to him by the rights of an Englishman, without giving my reasons why.' Then if asked what person you would prefer in his place, you can look carelessly round and mention me. If I am empanneled, I think 1
I may be of some use to you,—though I can't promise.”
7. Something in the honest old fellow's manner inspired confidence, and the elder brother gladly agreed to follow his directions. Soon the trial began. As the names of the jury were called, Thomas rose and objected to one of them.
8. “And pray,” said the judge, sternly, “why do you object to that gentleman as juryman ?”
9. “I object to him, my lord, by the rights of an Englishman, without giving my reasons why.”
10. “And whom do you wish to have in his place ?"
11. “An honest man, my lord, if I can get one!" cried Thomas, looking round. “Yon miller,- I don't know his name;—I'd like him."
12. “Very well,” says his lordship, " let the miller be sworn.”
13. Accordingly the miller was called down from the gallery, and empanneled with the rest of the jury. He had not been long in the box, when he observed, going about among the jurymen, a bustling, obsequious little man, who presently came to him, and smilingly slipped five guineas into his hand, intimating that they were a present from the younger brother.
14. Yonder is a very polite man!” said the miller, to his next neighbor in the box.
15. “I may well say so,” said the delighted juryman, “since he has given me ten guineas to drink our friend James's health." And, on further inquiry, the miller discovered that each man had received double the sui presented to himself.
16. He now turned his whole attention to the trial, which appeared to lean decidedly in favor of the younger brother; for while a few witnesses timidly testified to the plaintiff's striking resemblance to the elder brother, others swore positively that the elder brother was dead and buried.
17. When his lordship came to deliver his charge to the jury, he took no notice whatever of several palpable contradictions in the testimony of these false witnesses, but proceeded to expatiate upon the evidence as if it had been overwhelmingly in James's favor.
18. When he had concluded, the usual question was put to the jury: were they all agreed? The foreman rose, with his ten guineas jingling in his pocket, and was about to reply, supposing all to have been equally convinced with himself, by the same golden arguments; when the miller stepped forward, calling out, -"No, my lord, we are not all agreed !”
19. “And pray," said his lordship, frowning with contempt and impatience, “what objections have you?”
20. “I have many objections, my lord! In the first place all these gentlemen of the jury have received ten broad pieces of gold from the younger brother, while I have received but five!”
21. Having made this simple announcement, to the consternation of the court, and to the amusement of the spectators, the supposed miller proceeded to point out the contradictory evidence which had been adduced, in such a strain of eloquence that all present-especially the elder brother and the attorney-were filled with amazement. At length the judge, unable to contain himself, called out with vehemence,—“Who are you?—where do you come from ?what is your name ?”
22. To which the miller calmly replied: “I come from Westminster Hall-my name is Matthew Hale-I am Lord Chief Justice of the King's Bench; and convinced as I am of your entire unfitness to hold so high a judicial position, from having observed your iniquitous and partial proceedings this day, I command you to come down from that tribunal which you have so disgraced. I will try this case myself."
23. Sir Matthew then ascended the bench in his miller's coat and wig; ordered a new jury to be empanneled; reēxamined the witnesses, and drew out confessions of bribery from those who had sworn to the elder brother's death. He then summed up the case anew, and it was unhesitatingly decided in the elder brother's favor.